MONTANA - STATE COURT ORGANIZATION PROFILE

• NCJ Number: 54952
• Author(s): M M COOK
• Date Published: 1978
• Length: 63 pages
• Grant Number(s): 77-DF-99-0052
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Association; National Ctr for State Courts
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: STATE COURT ORGANIZATION PROFILE SERIES

Annotation

THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGANIZATION OF STATE COURTS IN MONTANA.

Abstract

THE STATE CONSTITUTION VESTS JUDICICIAL POWER IN A SUPREME COURT, DISTRICT COURTS, AND OTHER COURTS AS PROVIDED BY LAW. THE SUPREME COURT HAS APPELLATE JURISDICTION IN ALL CASES AND HAS ORIGINAL JURISDICTION IN THE ISSUANCE OF EXTRAORDINARY WRITS. AN INTERMEDIATE APPELLATE COURT HAS NOT BEEN ESTABLISHED. DISTRICT COURTS ARE TRIAL COURTS OF GENERAL JURISDICTION AND HAVE STATEWIDE AUTHORITY IN ALL CIVIL CASES AND FELONIES. THEY ALSO HAVE JURISDICTION OVER MISDEMEANOR CASES AND APPELLATE JURISDICTION IN CERTAIN CASES. JUSTICE COURTS HAVE JURISDICTION OVER CIVIL MATTERS INVOLVING AN AMOUNT UP TO $1,500, FORCIBLE ENTRY, AND DETAINER ACTIONS AND CRIMINAL JURISDICTION OVER CASES INVOLVING ASSAULT, PETTY THEFT, AND MISDEMEANORS. BOTH CITY AND MUNICIPAL COURTS HAVE AUTHORITY IN THE AREAS OF ORDINANCE VIOLATIONS, PRELIMINARY HEARINGS, MISDEMEANORS, AND THE ISSUANCE OF SEARCH WARRANTS. PROCEDURES HAVE BEEN INSTITUTED TO ADDRESS THE QUALIFICATIONS, SELECTION, AND TERM OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; COMPENSATION; RETIREMENT AGE AND ACTIVE SERVICE; AND CONTINUING EDUCATION. NO CONSTITUTIONAL OR STATUTORY PROVISIONS EXIST FOR THE USE OF PARAJUDICIAL OFFICERS. THE SUPREME COURT HAS GENERAL SUPERVISORY AUTHORITY OVER ALL STATE COURTS. THE DETAILED PROFILE OF THE COURT SYSTEM CONCERNS THE COURT OF LAST RESORT, INTERMEDIATE APPELLATE COURTS, TRIAL COURTS OF GENERAL JURISDICTION, TRIAL COURTS OF LIMITED JURISDICTION, JUDGES, PARAJUDICIAL OFFICERS, NONJUDICIAL PERSONNEL, JUDICIAL POLICYMAKING AND ADVISORY BODIES, COURT ADMINISTRATION, COURT FINANCING, AND COURT RECORDS AND STATISTICS. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEM ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE MONTANA COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)